Exhibit D: NMS Toxicology Report

Smith’s Response in Opposition to Motion for Leave for Punitive Damages

HTML transcription of the filed exhibit. Redacted fields remain redacted. Page references follow the original PDF; the original PDF controls.

FILED DATE: 8/28/2026 10:56 PM 2024L005346

Page 1 of 1

OFFICE OF THE MEDICAL EXAMINER
COUNTY OF COOK, ILLINOIS

2121 W. Harrison Street
Chicago, IL 60612

TOXICOLOGY REPORT
FINAL

M.E. Case:
ME2023-05553
Tox Case:
23-4633
Deceased Name:
[REDACTED]
Gender:
Male
Autopsy Date:
09/15/2023
Race:
Black
Report Date:
10/04/2023
Age:
32
Pathologist:
ECKHARDT, MICHAEL

In House Tests

Sample # Analyte Sample Type Methodology Result Footnote

Screen

Sample # Analyte Sample Type Methodology Result

Subcontracted Tests

Test Name
Postmortem Basic, Blood See NMS Report for Results

Comments (See NMS and/or LabCorp Reports, if applicable)

Signature of Kristin Escobar Alvarenga, MD, as shown in the original report

ESCOBAR ALVARENGA, KRISTIN

Lab Director

Date: 10/04/2023

Footnotes

Test Panels

FILED DATE: 8/28/2026 10:56 PM 2024L005346

NMS Labs

200 Welsh Road, Horsham, PA 19044-2208
Phone: (215) 657-4900 Fax: (215) 657-2972
e-mail: nms@nmslabs.com
Robert A. Middleberg, PhD, F-ABFT, DABCC-TC, Laboratory Director

CONFIDENTIAL

Toxicology Report

Report Issued
10/04/2023 11:12
Patient Name
[REDACTED]
Patient ID
ME2023-05553
Chain
ME2023-05553
DOB
[REDACTED]
Sex
Male
Workorder
23362891

To: 10075
Cook County Medical Examiner
Attn: Dr. Escobar Alvarenga
2121 West Harrison Street
Chicago, IL 60612

Page 1 of 4

Positive Findings:

Analyte Result Units Matrix Source
Amphetamine 50 ng/mL 001 - IVC (Inferior Vena Cava) Blood
Benzoylecgonine 100 ng/mL 001 - IVC (Inferior Vena Cava) Blood
11-Hydroxy Delta-9 THC 1.0 ng/mL 001 - IVC (Inferior Vena Cava) Blood
Delta-9 Carboxy THC 11 ng/mL 001 - IVC (Inferior Vena Cava) Blood
Delta-9 THC 8.4 ng/mL 001 - IVC (Inferior Vena Cava) Blood

See Detailed Findings section for additional information

Physician/Pathologist Name: ECKHARDT

Testing Requested:

Test Test Name
90024B Postmortem, Basic, Blood (Forensic) (CSA)

Specimens Received:

ID Tube/Container Volume/Mass Collection Date/Time Matrix Source Labeled As
001 Gray Stopper Glass Tube 9.5 mL 09/15/2023 07:57 IVC (Inferior Vena Cava) Blood ME2023-05553-01-19
002 Clear Cap Plastic Tube 9 mL 09/15/2023 07:57 Urine ME2023-05553-01-06

All sample volumes/weights are approximations.

Specimens received on 09/18/2023.

NMS v.26.0

FILED DATE: 8/28/2026 10:56 PM 2024L005346

NMS LabsCONFIDENTIAL
Workorder
23362891
Chain
ME2023-05553
Patient ID
ME2023-05553
Page 2 of 4

Detailed Findings:

Analysis and Comments Result Units Rpt. Limit Specimen Source Analysis By
Amphetamine 50 ng/mL 5.0 001 - IVC (Inferior Vena Cava) Blood LC-MS/MS
Benzoylecgonine 100 ng/mL 50 001 - IVC (Inferior Vena Cava) Blood LC-MS/MS
11-Hydroxy Delta-9 THC 1.0 ng/mL 1.0 001 - IVC (Inferior Vena Cava) Blood LC-MS/MS
Delta-9 Carboxy THC 11 ng/mL 5.0 001 - IVC (Inferior Vena Cava) Blood LC-MS/MS
Delta-9 THC 8.4 ng/mL 0.50 001 - IVC (Inferior Vena Cava) Blood LC-MS/MS

Other than the above findings, examination of the specimen(s) submitted did not reveal any positive findings of toxicological significance by procedures outlined in the accompanying Analysis Summary.

Reference Comments:

  1. 11-Hydroxy Delta-9 THC (Active Metabolite) - IVC (Inferior Vena Cava) Blood:

    11-hydroxy-THC is a psychoactive THC metabolite. 11-OH-THC was detectable in blood, with a 0.5 ng/mL cutoff, for 1.5 hours (range: 0.25-3.5) when cannabis was smoked by occasional users. 11-OH-THC may be present over 72 hours in chronic, frequent cannabis users.

    In occasional cannabis users, median (range) peak blood concentrations after smoking of 6.9% (50 mg) THC were 1.9 (0.5-8.7) ng/mL with median times of maximum concentrations at approximately 11 minutes. In chronic, frequent cannabis users, median (range) peak blood concentrations after smoking 6.9% THC were 7.2 (1.9-30.9) ng/mL, with median times of maximum concentrations at approximately 12 minutes. Usual peak levels are less than 10% of THC levels after smoking.

  2. Amphetamine - IVC (Inferior Vena Cava) Blood:

    Amphetamine (Adderall, Dexedrine) is a central nervous system stimulant. Amphetamine is also a metabolite of methamphetamine, benzphetamine and selegiline. It is used therapeutically in the treatment of narcolepsy and obesity and also in the treatment of attention-deficit hyperactivity disorder (ADHD). Amphetamine has a high potential for abuse. At low doses, amphetamine causes mild stimulation, offset of fatigue, and increase in alertness. It also causes changes in attitude, judgment and impulsivity. At higher doses, amphetamine causes euphoria, excitation, agitation, hypervigilance, rapid speech, dilated pupils which react slowly to light and increased motor restlessness. Pulse and blood pressure may be elevated. Withdrawal from amphetamine following abuse can result in extreme fatigue and uncontrollable sleepiness, agitation, and depression. In the treatment of narcolepsy, amphetamine is administered in daily divided doses of 5 to 60 mg. In abuse doses of several grams may be used on a daily basis in 'runs' lasting a week or more.

    Following a single oral dose of 10 mg amphetamine sulfate, a reported peak blood concentration of 40 ng/mL was reached at 2 hr. Following a single 30 mg dose to adults, an average peak plasma level of 100 ng/mL was reported at 2.5 hr. A steady-state blood level of 2000-3000 ng/mL was reported in an addict who consumed approximately 1000 mg daily.

    Overdose with amphetamine can produce restlessness, hyperthermia, convulsions, hallucinations, respiratory and/or cardiac failure. Reported blood concentrations in amphetamine-related fatalities ranged from 500-41000 ng/mL (mean 9000 ng/mL).

NMS v.26.0

FILED DATE: 8/28/2026 10:56 PM 2024L005346

NMS LabsCONFIDENTIAL
Workorder
23362891
Chain
ME2023-05553
Patient ID
ME2023-05553
Page 3 of 4

Reference Comments:

  1. Benzoylecgonine (Cocaine Degradation Product) - IVC (Inferior Vena Cava) Blood:

    Benzoylecgonine is an inactive metabolite and chemical breakdown product of cocaine. Cocaine is a DEA Schedule II controlled central nervous stimulant drug. Effects following cocaine use can include euphoria, excitement, restlessness, risk taking, sleep disturbance, and aggression. A period of mental and physical fatigue and somnolence follow the use of cocaine after the excitant-stimulant effects wear off. Benzoylecgonine has a half-life of 6 to 10 hours. The average blood benzoylecgonine concentration in 906 impaired drivers was 1260 ng/mL (range 5-17600 ng/mL). Benzoylecgonine blood concentrations in patients admitted to an emergency room for cocaine related medical complaints were 1280 ng/mL (SD = 1290 ng/mL). Benzoylecgonine concentrations in plasma following oral administration of 2 g/day of cocaine over 6 days, averaged 4900 ng/mL. The average blood benzoylecgonine concentration in 37 cocaine related fatalities was 7900 ng/mL (range 700-31000 ng/mL).

  2. Delta-9 Carboxy THC (Inactive Metabolite) - IVC (Inferior Vena Cava) Blood:

    Delta-9 THC is the principle psychoactive ingredient of marijuana/hashish. Delta-9 carboxy THC (THCC) is the inactive metabolite of THC. The usual peak concentrations in serum for 1.75% or 3.55% THC marijuana cigarettes are 10-101 ng/mL attained 32 to 240 minutes after beginning smoking, with a slow decline thereafter. The ratio of whole blood concentration to plasma concentration is unknown for this analyte. THCC may be detected for up to one day or more in blood. Both delta-9-THC and THCC may be present substantially longer in chronic users. THCC is usually not detectable after passive inhalation.

  3. Delta-9 THC (Active Ingredient of Marijuana) - IVC (Inferior Vena Cava) Blood:

    Delta-9 THC is the principle psychoactive ingredient of marijuana (cannabis, hashish). It is also the active component of the prescription medication Marinol®. Marijuana use causes relaxation, distorted perception, euphoria and feelings of well being, along with confusion, dizziness, somnolence, ataxia, speech difficulties, lethargy and muscular weakness.

    After smoking a user-preferred 300 mcg/kg dose average plasma THC concentrations at 35 minutes were reported at 16.1 (range 4.7-30.9) ng/mL, and had declined to 1.5 (range 0.4-3.2) ng/mL after 190 minutes. Usual peak levels in serum for 1.75% or 3.55% THC marijuana cigarettes: 50-270 ng/mL at 6 to 9 minutes after beginning smoking, decreasing to less than 5 ng/mL by 2 hrs. Whole blood THC concentrations are typically half those in a corresponding plasma sample.

Unless alternate arrangements are made by you, the remainder of the submitted specimens will be discarded one (1) year from the date of this report; and generated data will be discarded five (5) years from the date the analyses were performed.

Workorder 23362891 was electronically signed on 10/04/2023 10:01 by:

Electronic signature of Emily M. Fenton, as shown in the original report

Emily M. Fenton, MBA, MSFS

Forensic Toxicologist

Analysis Summary and Reporting Limits:

All of the following tests were performed for this case. For each test, the compounds listed were included in the scope. The Reporting Limit listed for each compound represents the lowest concentration of the compound that will be reported as being positive. If the compound is listed as None Detected, it is not present above the Reporting Limit. Please refer to the Positive Findings section of the report for those compounds that were identified as being present.

Test 50002B - Amphetamines Confirmation, Blood - IVC (Inferior Vena Cava) Blood

-Analysis by High Performance Liquid Chromatography/ Tandem Mass Spectrometry (LC-MS/MS) for:

Analyte Rpt. Limit
Amphetamine 5.0 ng/mL
MDA 5.0 ng/mL
MDMA 5.0 ng/mL
Methamphetamine 5.0 ng/mL

NMS v.26.0

FILED DATE: 8/28/2026 10:56 PM 2024L005346

NMS LabsCONFIDENTIAL
Workorder
23362891
Chain
ME2023-05553
Patient ID
ME2023-05553
Page 4 of 4

Analysis Summary and Reporting Limits:

Test 50014B - Cocaine and Metabolites Confirmation, Blood - IVC (Inferior Vena Cava) Blood

-Analysis by High Performance Liquid Chromatography/ Tandem Mass Spectrometry (LC-MS/MS) for:

Analyte Rpt. Limit
Benzoylecgonine 50 ng/mL
Cocaethylene 10 ng/mL
Cocaine 10 ng/mL

Test 52198B - Cannabinoids Confirmation, Blood - IVC (Inferior Vena Cava) Blood

-Analysis by High Performance Liquid Chromatography/ Tandem Mass Spectrometry (LC-MS/MS) for:

Analyte Rpt. Limit
11-Hydroxy Delta-9 THC 1.0 ng/mL
Delta-9 Carboxy THC 5.0 ng/mL
Delta-9 THC 0.50 ng/mL

Test 90024B - Postmortem, Basic, Blood (Forensic) (CSA) - IVC (Inferior Vena Cava) Blood

-Analysis by Enzyme-Linked Immunosorbent Assay (ELISA) for:

Analyte Rpt. Limit
Amphetamines 20 ng/mL
Barbiturates 0.040 mcg/mL
Benzodiazepines 100 ng/mL
Buprenorphine / Metabolite 0.50 ng/mL
Cannabinoids 10 ng/mL
Cocaine / Metabolites 20 ng/mL
Fentanyl / Acetyl Fentanyl 0.50 ng/mL
Methadone / Metabolite 25 ng/mL
Methamphetamine / MDMA 20 ng/mL
Opiates 20 ng/mL
Oxycodone / Oxymorphone 10 ng/mL
Phencyclidine 10 ng/mL

-Analysis by Headspace Gas Chromatography (GC) for:

Analyte Rpt. Limit
Acetone 5.0 mg/dL
Ethanol 10 mg/dL
Isopropanol 5.0 mg/dL
Methanol 10 mg/dL

NMS v.26.0